Report Title:

Sentencing; Firearms Offenders

 

Description:

Increases the list of offenses to which special terms for young adult defendants do not apply.

 

THE SENATE

S.B. NO.

1518

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to sentencing.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 706-620, Hawaii Revised Statutes, is amended to read as follows:

"§706-620 Authority to withhold sentence of imprisonment. A defendant who has been convicted of a crime may be sentenced to a term of probation unless:

(1) The crime is first or second degree murder or attempted first or second degree murder;

(2) The crime is a class A felony, except class A felonies defined in chapter 712, part IV, and by section 707-702;

(3) The defendant is a repeat offender under section 706-606.5;

(4) The defendant is a felony firearm offender as defined in section 706-660.1(1), 706-660.1(2)[;], or 706-660.1(3); or

(5) The crime involved the death of or the infliction of serious or substantial bodily injury upon a child, an elder person, or a handicapped person under section 706-660.2."

SECTION 2. Section 706-667, Hawaii Revised Statutes, is amended by amending subsection (3) to read as follows:

"(3) Special term. A young adult defendant convicted of a felony may, in lieu of any other sentence of imprisonment authorized by this chapter, be sentenced to a special indeterminate term of imprisonment if the court is of the opinion that such special term is adequate for the young adult defendant's correction and rehabilitation and will not jeopardize the protection of the public. When ordering a special indeterminate term of imprisonment, the court shall impose the maximum length of imprisonment which shall be eight years for a class A felony, five years for a class B felony, and four years for a class C felony. The minimum length of imprisonment shall be set by the Hawaii paroling authority in accordance with section 706-669. During this special indeterminate term, the young adult will be incarcerated separately from career criminals, when practicable.

This section shall not apply to the offenses of [murder]:

(a) Murder or attempted murder[.];

(b) Prohibited ownership of automatic firearms, silencers, etc., under section 134-8;

(c) Felony firearm offenses under section 706-660.1;

(d) Offenses against children, elder persons, or handicapped persons under section 706-660.2 or 706-662;

(e) Offenses by repeat, persistent, professional criminal or dangerous offenders under section 706-606.5 or 706-662; or

(f) Offenses involving the possession, distribution, or manufacture of methamphetamine under section 712-1241, 712-1242, or 712-1243."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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